A. M. NO.

02-11-10-SC
[MARCH 4, 2003].


Read full text of the
Dissenting Opinion of Mr. Justice
Artemio Panganiban to this Rule on
Declaration of Absolute Nullity of
Voide Marriages and Annulment of
Voidable Marriages


A. M. NO. 02-11-10-SC
MARCH 4, 2003

RE: PROPOSED RULE ON DECLARATION OF ABSOLUTE NULLITY OF
VOID MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES.
R E S O L U T I O N
Acting on the letter of the Chairman of the Committee on Revision of the
Rules of Court submitting for this Court's consideration and approval the
Proposed Rule on Declaration of Absolute Nullity of Void Marriages and
Annulment of Voidable Marriages, the Court Resolved to APPROVE the
same. chan robles virtual law library
The Rule shall take effect on March 15, 2003 following its publication in a
newspaper of general circulation not later than March 7, 2003 chan robles virtual
law library
March 4, 2003
Davide, C.J. Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Carpio Morales, Callejo, Sr.
and Azcuna
Ynares-Santiago, on leave
Corona, on official leave chan robles virtual law library
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID
MARRIAGES AND ANNULMENT OF VOIDABLE MARRIAGES

Section 1. Scope - This Rule shall govern petitions for declaration of absolute
nullity of void marriages and annulment of voidable marriages under
theFamily Code of the Philippines. chan robles virtual law library
The Rules of Court shall apply suppletorily.cralaw
Sec. 2. Petition for declaration of absolute nullity of void marriages.cralaw
(a) Who may file. - A petition for declaration of absolute nullity of void
marriage may be filed solely by the husband or the wife. (n)
(b) Where to file. - The petition shall be filed in the Family Court.cralaw
(c) Imprecriptibility of action or defense. - An action or defense for the
declaration of absolute nullity of void marriage shall not prescribe.cralaw
(d) What to allege. - A petition under Article 36 of Family Code shall specially
allege the complete facts showing the either or both parties were
psychologically incapacitated from complying with the essential marital
obligations of marriages at the time of the celebration of marriage even if
such incapacity becomes manifest only after its celebration.cralaw
The complete facts should allege the physical manifestations, if any, as are
indicative of psychological incapacity at the time of the celebration of the
marriage but expert opinion need not be alleged. chan robles virtual law library
Sec. 3. Petition for annulment of voidable marriages. -
(a) Who may file. - The following persons may file a petition for annulment
of voidable marriage based on any of the grounds under Article 45 of
the Family Code and within the period herein indicated: chan robles virtual law library
(1) The contracting party whose parent, or guardian, or person exercising
substitute parental authority did not give his or her consent, within five
years after attaining the age of twenty-one unless, after attaining the age of
twenty-one, such party freely cohabited with the other as husband or wife;
or the parent, guardian or person having legal charge of the contracting
party, at any time before such party has reached the age of twenty-one; chan
robles virtual law library
(2) The sane spouse who had no knowledge of the other's insanity; or by
any relative, guardian, or person having legal charge of the insane, at any
time before the death of either party; or by the insane spouse during a lucid
interval or after regaining sanity, provided that the petitioner, after coming
to reason, has not freely cohabited with the other as husband or wife;
(3) The injured party whose consent was obtained by fraud, within five years
after the discovery of the fraud, provided that said party, with full knowledge
of the facts constituting the fraud, has not freely cohabited with the other as
husband or wife;
(4) The injured party whose consent was obtained by force, intimidation, or
undue influence, within five years from the time the force intimidation, or
undue influence disappeared or ceased, provided that the force, intimidation,
or undue influence having disappeared or ceased, said party has not
thereafter freely cohabited with the other as husband or wife;
(5) The injured party where the other spouse is physically incapable of
consummating the marriage with the other and such incapability continues
and appears to be incurable, within five years after the celebration of
marriage; and cralaw
(6) The injured party where the other party was afflicted with a sexually-
transmissible disease found to be serious and appears to be incurable, within
five years after the celebration of marriage.cralaw
(b) Where to file. - The petition shall be filed in the Family Court.
Sec. 4. Venue. - The Petition shall be filed in the Family Court of the
province or city where the petitioner or the respondent has been residing for
at least six months prior to the date of filing or, in the case of non-resident
respondent, where he may be found in the Philippines, at the election of the
petitioner.cralaw
Sec. 5. Contents and form of petition. - (1) The petition shall allege the
complete facts constituting the cause of action.cralaw
(2) It shall state the names and ages of the common children of the parties
and specify the regime governing their property relations, as well as the
properties involved. chan robles virtual law library
If there is no adequate provision in a written agreement between the parties,
the petitioner may apply for a provisional order for spousal support, the
custody and support of common children, visitation rights, administration of
community or conjugal property, and other matters similarly requiring
urgent action.cralaw
(3) It must be verified and accompanied celebration of marriage. (b) Where
to file. - The petition shall be filed in the Family Court. chan robles virtual law library
Sec. 4. Venue. - The petition shall be filed in the Family Court of the
province or city where the petitioner or the respondent has been residing for
at least six months prior to the date of filing, or in the case of a non-resident
respondent, where he may be found in the Philippines at the election of the
petitioner.cralaw
Sec. 5. Contents and form of petition. - (1) The petition shall allege the
complete facts constituting the cause of action. chan robles virtual law library
(2) it shall state the names and ages of the common children of the parties
and specify the regime governing their property relations, as well as the
properties involved. chan robles virtual law library
If there is no adequate provision in a written agreement between the parties,
the petitioner may apply for a provisional order for spousal support, custody
and support of common children, visitation rights, administration of
community or conjugal property, and other matters similarly requiring
urgent action.cralaw
(3) it must be verified and accompanied by a certification against forum
shopping. The verification and certification must be signed personally by me
petitioner. No petition may be filed solely by counsel or through an attorney-
in-fact.cralaw
If the petitioner is in a foreign country, the verification and certification
against forum shopping shall be authenticated by the duly authorized officer
of the Philippine embassy or legation, consul general, consul or vice-consul
or consular agent in said country.cralaw
(4) it shall be filed in six copies. The petitioner shall serve a copy of the
petition on the Office of the Solicitor General and the Office of the City or
Provincial Prosecutor, within five days from the date of its filing and submit
to the court proof of such service within the same period.cralaw
Failure to comply with any of the preceding requirements may be a ground
for immediate dismissal of the petition.cralaw
Sec. 6. Summons. - The service of summons shall be governed by Rule 14
of the Rules of Court and by the following rules: chan robles virtual law library
(1) Where the respondent cannot be located at his given address or his
whereabouts are unknown and cannot be ascertained by diligent inquiry,
service of summons may, by leave of court, be effected upon him by
publication once a week for two consecutive weeks in a newspaper of
general circulation in the Philippines and in such places as the court may
order In addition, a copy of the summons shall be served on the respondent
at his last known address by registered mail or any other means the court
may deem sufficient.cralaw
(2) The summons to be published shall be contained in an order of the court
with the following data: (a) title of the case; (b) docket number; (c) nature
of the petition; (d) principal grounds of the petition and the reliefs prayed
for; and (e) a directive for the respondent to answer within thirty days from
the last issue of publication.cralaw
Sec. 7. Motion to dismiss. - No motion to dismiss the petition shall be
allowed except on the ground of lack of jurisdiction over the subject matter
or over the parties; provided, however, that any other ground that might
warrant a dismissal of the case may be raised as an affirmative defense in
an answer. chan robles virtual law library
Sec. 8. Answer. - (1) The respondent shall file his answer within fifteen days
from service of summons, or within thirty days from the last issue of
publication in case of service of summons by publication. The answer must
be verified by the respondent himself and not by counsel or attorney-in-fact.cralaw
(2) If the respondent fails to file an answer, the court shall not declare him
or her in default.cralaw
(3) Where no answer is filed or if the answer does not tender an issue, the
court shall order the public prosecutor to investigate whether collusion exists
between the parties.cralaw
Sec. 9. Investigation report of public prosecutor. - (1) Within one month
after receipt of the court order mentioned in paragraph (3) of Section 8
above, the public prosecutor shall submit a report to the court stating
whether the parties are in collusion and serve copies thereof on the parties
and their respective counsels, if any.cralaw
(2) If the public prosecutor finds that collusion exists, he shall state the on
the finding of collusion within ten days from receipt of a copy of a report The
court shall set the report for hearing and If convinced that the parties are in
collusion, it shall dismiss the petition. chan robles virtual law library
(3) If the public prosecutor reports that no collusion exists, the court shall
set the case for pre-trial. It shall be the duty of the public prosecutor to
appear for the State at the pre-trial.cralaw
Sec. 10. Social worker. - The court may require a social worker to conduct a
case study and submit the corresponding report at least three days before
the pre-trial. The court may also require a case study at any stage of the
case whenever necessary.cralaw
Sec. 11. Pre-trial. -
(1) Pre-trial mandatory. - A pre-trial is mandatory. On motion or motu
proprio, the court shall set the pre-trial after the last pleading has been
served and filed, or upon receipt of the report of the public prosecutor that
no collusion exists between the parties.cralaw
(2) Notice of pre-trial. - (a) The notice of pre-trial shall contain:chanrobles vi rtual law library
(1) the date of pre-trial conference; and chan robles virtual law library
(2) an order directing the parties to file and serve their respective pre-trial
briefs in such manner as shall ensure the receipt thereof by the adverse
party at least three days before the date of pre-trial.cralaw
(b) The notice shall be served separately on the parties and their respective
counsels as well as on the public prosecutor. It shall be their duty to appear
personally at the pre-trial. chan robles virtual law library
(c) Notice of pre-trial shall be sent to the respondent even if he fails to file
an answer. In case of summons by publication and the respondent failed to
file his answer, notice of pre-trial shall be sent to respondent at his last
known address.cralaw
Sec. 12. Contents of pre-trial brief. - The pre-trial brief shall contain the
following: chan robles virtual law library
(a) A statement of the willingness of the parties to enter into agreements as
may be allowed by law, indicating the desired terms thereof; chan robles virtual
law library
(b) A concise statement of their respective claims together with the
applicable laws and authorities;
(c) Admitted facts and proposed stipulations of facts, as well as the disputed
factual and legal issues;
(d) All the evidence to be presented, including expert opinion, if any, briefly
stating or describing the nature and purpose thereof;
(e) The number and names of the witnesses and their respective affidavits;
andcralaw
(f) Such other matters as the court may require.cralaw
Failure to file the pre-trial brief or to comply with its required contents shall
have the same effect as failure to appear at the pre-trial under the
succeeding paragraphs.cralaw
Sec. 13. Effect of failure to appear at the pre-trial. - {a) If the petitioner
fails to appear personally, the case shall be dismissed unless his counsel or a
duly authorized representative appears in court and proves a valid excuse for
the non-appearance of the petitioner.cralaw
(b) If the respondent has filed his answer but fails to appear, the court shall
proceed with the pre-trial and require the public prosecutor to investigate
the non-appearance of the respondent and submit within fifteen days
thereafter a report to the court stating whether his non-appearance is due to
any collusion between the parties. If there Is no collusion, the court shall
require the public prosecutor to intervene for the State during the trial on
the merits to prevent suppression or fabrication of evidence. chan robles virtual law
library
Sec. 14. Pre-trial conference. -At the pre-trial conference, the court:chanrobles virtual law l ibrary
(a) May refer the issues to a mediator who shall assist the parties in
reaching an agreement on matters not prohibited by law.cralaw
The mediator shall render a report within one month from referral which, for
good reasons, the court may extend for a period not exceeding one month.cralaw
(b) In case mediation is not availed of or where it fails, the court shall
proceed with the pre-trial conference, on which occasion it shall consider the
advisability of receiving expert testimony and such other makers as may aid
in the prompt disposition of the petition.cralaw
Sec. 15. Pre-trial order. - {a) The proceedings in the pre-trial shall be
recorded. Upon termination of the pre-trial, the court shall Issue a pre-trial
order which shall recite in detail the matters taken up In the conference, the
action taken thereon, the amendments allowed on the pleadings, and except
as to the ground of declaration of nullity or annulment, the agreements or
admissions made by the parties on any of the matters considered, including
any provisional order that may be necessary or agreed upon by the parties.cralaw
(b) Should the action proceed to trial, the order shall contain a recital of the
following: chan robles virtual law library
(1) Facts undisputed, admitted, and those which need not be proved subject
to Section 16 of this Rule;
(2) Factual and legal issues to be litigated; chan robles virtual law library
(3) Evidence, including objects and documents, that have been marked and
will be presented;
(4) Names of witnesses who will be presented and their testimonies in the
form of affidavits; and cralaw
(5) Schedule of the presentation of evidence.cralaw
(c) The pre-trial order shall also contain a directive to the public prosecutor
to appear for the State and take steps to prevent collusion between the
parties at any stage of the proceedings and fabrication or suppression of
evidence during the trial on the merits. chan robles virtual law library
(d) The parties shall not be allowed to raise issues or present witnesses and
evidence other than those stated in the pre-trial order.cralaw
The order shall control the trial of the case, unless modified by the court to
prevent manifest injustice. chan robles virtual law library
(e) The parties shall have five days from receipt of the pre-trial order to
propose corrections or modifications.cralaw
Sec. 16. Prohibited compromise. - The court-shall not allow compromise on
prohibited matters, such as the following:chanrobles vi rtual law library
(a) The civil status of persons; chan robles virtual law library
(b) The validity of a marriage or of a legal separation; chan robles virtual law library
(c) Any ground for legal separation; chan robles virtual law library
(d) Future support;
(e) The jurisdiction of courts; and cralaw
(f) Future legitime.cralaw
Sec. 17. Trial. - (1) The presiding judge shall personally conduct the trial of
the case. No delegation of the reception of evidence to a commissioner shall
be allowed except as to matters involving property relations of the spouses.cralaw
(2) The grounds for declaration of absolute nullity or annulment of marriage
must be proved. No judgment on the pleadings, summary judgment, or
confession of judgment shall be allowed.cralaw
(3} The court may order the exclusion from the courtroom of all persons,
including members of the press, who do not have a direct interest in the
case. Such an order may be made if the court determines on the record that
requiring a party to testify in open court would not enhance the
ascertainment of truth; would cause to the party psychological harm or
inability to effectively communicate due to embarrassment, fear, or timidity;
would violate the right of a party to privacy; or would be offensive to
decency or public morals. chan robles virtual law library
(4) No copy shall be taken nor any examination or perusal of the records of
the case or parts thereof be made by any person other than a party or
counsel of a party, except by order of the court. chan robles virtual law library
Sec. 18. Memoranda. - The court may require the parties and the public
prosecutor, in consultation with the Office of the Solicitor General, to file
their respective memoranda support of their claims within fifteen days from
the date the trial is terminated. It may require the Office of the Solicitor
General to file its own memorandum if the case is of significant interest to
the State. No other pleadings or papers may be submitted without leave of
court. After the lapse of the period herein provided, the case will be
considered submitted for decision, with or without the memoranda.cralaw
Sec. 19. Decision. - (1) If the court renders a decision granting the petition,
it shall declare therein that the decree of absolute nullity or decree of
annulment shall be issued by the court only after compliance with Article 50
and 51 of the Family Code as implemented under the Rule on Liquidation,
Partition and Distribution of Properties.cralaw
(2) The parties, including the Solicitor General and the public prosecutor,
shall be served with copies of the decision personally or by registered mail. If
the respondent summoned by publication failed to appear in the action, the
dispositive part of the decision shall be published once in a newspaper of
general circulation.cralaw
(3) The decision becomes final upon the expiration of fifteen days from
notice to the parties. Entry of judgment shall be made if no motion for
reconsideration or new trial, or appeal Is filed by any of the parties the
public prosecutor, or the Solicitor General. chan robles virtual law library
(4) Upon the finality of the decision, the court shall forthwith issue the
corresponding decree if the parties have no properties.cralaw
If the parties have properties, the court shall observe the procedure
prescribed in Section 21 of this Rule.cralaw
The entry of judgment shall be registered in the Civil Registry where the
marriage was recorded and In the Civil Registry where the Family Court
granting the petition for declaration of absolute nullity or annulment of
marriage is located. chan robles virtual law library
Sec. 20. Appeal. - chan robles virtual law library
(1) Pre-condition. - No appeal from the decision shall be allowed unless the
appellant has filed a motion for reconsideration or new trial within fifteen
days from notice of judgment.cralaw
(2) Notice of appeal. - An aggrieved party or the Solicitor General may
appeal from the decision by filing a Notice of Appeal within fifteen days from
notice of denial of the motion for reconsideration or new trial. The appellant
shall serve a copy of the notice of appeal on the adverse parties.cralaw
Sec. 21. Liquidation, partition and distribution, custody, support of common
children and delivery of their presumptive legitimes. - Upon entry of the
judgment granting the petition, or, in case of appeal, upon receipt of the
entry of judgment of the appellate court granting the petition, the Family
Court, on motion of either party, shall proceed with the liquidation, partition
and distribution of the properties of the spouses, including custody, support
of common children and delivery of their presumptive legitimes pursuant to
Articles 50 and 51 of the Family Code unless such matters had been
adjudicated in previous judicial proceedings.cralaw
Sec. 22. Issuance of Decree of Declaration of Absolute Nullity or Annulment
of Marriage." (a) The court shall issue the Decree after: chan robles virtual law
library
(1) Registration of the entry of judgment granting the petition for declaration
of nullity or annulment of marriage in the Civil Registry where the marriage
was celebrated and in the Civil Registry of the place where the Family Court
is located;
(2) Registration of the approved partition and distribution of the properties
of the spouses, in the proper Register of Deeds where the real properties are
located; and cralaw
(3) The delivery of the children's presumptive legitimes in cash, property, or
sound securities.cralaw
(b) The court shall quote in the Decree the dispositive portion of the
judgment entered and attach to the Decree the approved deed of
partition. chan robles virtual law library
Except in the case of children under Articles 36 and 53 of the Family Code,
the court shall order the Local Civil Registrar to issue an amended birth
certificate indicating the new civil status of the children affected.cralaw
Sec. 23. Registration and publication of the decree; decree as best
evidence. - (a) The prevailing party shall cause the registration of the Decree
in the Civil Registry where the marriage was registered, the Civil Registry of
the place where the Family Court is situated, and in the National Census and
Statistics Office. He shall report td the court compliance with this
requirement within thirty days from receipt of the copy of the Decree.cralaw
(b) In case service of summons was made by publication, the parties shall
cause the publication of the Decree once in a newspaper of general
circulation.chan robles virtual law library
(c) The registered Decree shall be the best evidence to prove the declaration
of absolute nullity or annulment of marriage and shall serve as notice to
third persons concerning the properties of petitioner and respondent as well
as the properties or presumptive legitimes delivered to their common
children.

Sec. 24. Effect of death of a party; duty of the Family Court or Appellate
Court. - (a) In case a party dies at any stage of the proceedings before the
entry of judgment, the court shall order the case closed and terminated,
without prejudice to the settlement of the estate in proper proceedings in the
regular courts.cralaw
(b) If the party dies after the entry of judgment of nullity or annulment, the
judgment shall be binding upon the parties and their successors in interest in
the settlement of the estate in the regular courts.cralaw
Sec. 25. Effectivity. - This Rule shall take effect on March 15, 2003 following
its publication in a newspaper of general circulation not later than March 7,
2003.chan robles virtual law library